An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
The Hawaii Easement for Access to Property refers to a legal right granted to a person or entity allowing them the ability to access a property that is owned by another individual or entity. This easement ensures the rite of passage and entry to the property in question, typically for specific purposes such as transportation, maintenance, or utility installation. In Hawaii, there are several types of easements that can be granted for access to property. These include: 1. Easement by Implication: This type of easement is not explicitly stated in a deed or agreement but is inferred based on the circumstances and needs of the property owners. It typically arises when there is a landlocked property, meaning it has no direct access to a public road, and the owner requires access through a neighboring property. 2. Easement by Necessity: This type of easement is similar to easement by implication and arises when there is a landlocked property. However, easement by necessity is typically granted when the landlocked property was previously owned by the same individual who subsequently divided it, resulting in the creation of two or more parcels. The law recognizes that the owner should have the right to access the property they originally owned, even if it requires crossing another person's land. 3. Easement by Prescription: This easement is acquired through continuous, open, and uninterrupted use of another person's property for a specific period of time, usually 20 years in Hawaii. If an individual or entity can prove that they have used a specific path or access route for this duration without the owner's permission but without interruption, they may obtain an easement by prescription. 4. Easement Granted by Agreement: This type of easement is voluntarily granted by the property owner through a written agreement. Both parties negotiate and determine the terms, conditions, and limitations of the access granted, ensuring legal protection for both parties involved. In summary, the Hawaii Easement for Access to Property encompasses various types of easements, such as easement by implication, easement by necessity, easement by prescription, and easement granted by agreement. These easements ensure the rite of passage and access to a property that may otherwise be hindered without such legal rights.
